Question:
A questioner asks: I have been working in a private company for five years. Four months ago, the company asked me to take leave without pay due to financial problems the company is going through, according to the manager. If I refuse, my contract will be terminated.
Currently, I work illegally for a company.
My question is what is the appropriate action to take against my company that I am under their sponsorship? And if I file a complaint with the Ministry of Labour, will I be considered resigned from work? Do I have the right to claim the salaries for the leave period without pay? Please advise.
Answer:
I would advise the following:
Unpaid leave is an acceptable act by Labour Law as per Article 33 which give the worker the right to have an unpaid leave after obtaining the approval of the employer. If the employee signed the document related to that unpaid leave, then the employer has the right not to pay the employee any salary within the leave period.
The employer as per Article 26 of the labour law, shall allow you to carry out the work, otherwise, he shall be obliged to pay the wage agreed upon.
Moreover, he cannot oblige you to take that leave without your wish. He also shall not, as per Article 14 of the law, use any means that would oblige or force you, threaten you with any penalty to work for him, or compel you to undertake work or provide a service against your will.
So, if he obliged you to take the leave, then you will be eligible to all the salaries related to that leave in case you prove that the employer is the one who forced you to do that.
But if you accepted the leave and signed the document or the leave application related to it and you could not prove that it was against your wish, you cannot request the salaries.
You have the right to file a complaint against the employer in front of the Labour office and the complaint will not be considered as a resignation.
More particularly, the termination of the worker’s service by the employer as per Article 47 of the law, will be considered unlawful and arbitrary if it happens due to filing a serious complaint to the Ministry or filing a lawsuit against the employer, whose validity is proven.
Working for another company while your residence, visa and work permit is still valid on the first company is a violation and might punished with a fine.
You have to take the prior approval of your first company to do that. The employee, as per Article 16 of the Labour Law, cannot work for others without the prior approval of the employer.
